SSB 5396
In CommitteeSenate
FAA medical certificates
Supporting the continued employment of individuals applying for federal aviation administration medical certificates.
This status may be delayed. See Action History below for the latest updates.
How does a bill become law?
- Introduced: The bill is filed and assigned a number.
- Committee: A subject-matter committee holds hearings, takes public testimony, and decides whether to advance the bill.
- Floor Vote: The full chamber (House or Senate) debates and votes on the bill.
- Opposite Chamber: The bill repeats the committee and floor vote process in the other chamber.
- Governor: The Governor reviews the bill and decides whether to sign or veto it.
- Signed: The bill has been signed into law.
AI Analysis
This bill ensures pilots who need to apply for or appeal an FAA medical certificate—especially when the issue involves mental or neurologic standards—can continue to receive pay after exhausting their state-paid family and medical leave. It clarifies that such leave qualifies as 'medical leave' and requires employers to pay pilots their regular wages during the application or reconsideration process once paid leave runs out, unless the FAA issues a final denial.
- Amends the definition of 'medical leave' in RCW 50A.05.010 to explicitly include leave taken by a pilot during the application process for an FAA medical certificate related to mental and neurologic standards—including reconsideration of a denial—under 14 C.F.R. Part 67.
- Amends the eligibility rules for paid family or medical leave in RCW 50A.15.060 to clarify that pilots suspended *only* due to FAA medical certificate application/reconsideration requirements are *not* disqualified from receiving benefits.
- Adds a new requirement in RCW 49.46 RCW that after a pilot exhausts all available paid family and medical leave, the employer must pay the pilot their normal hourly wage for hours they would have worked during the remainder of the FAA medical certificate application or reconsideration process.
- States that the employer’s continued wage payment requirement ends only if the FAA issues a final denial of the medical certificate with no right to reconsideration.
- Clarifies that the employer’s wage payment obligation is a 'wage payment requirement' under state wage law (RCW 49.48.082), making it enforceable like other wage claims.
- Affirms that the law does not prevent employers from terminating pilots who are physically unable to fly due to their condition, and does not limit pilots’ rights to sue for wrongful termination or seek injunctive relief.
Who is affected
- Commercial and private pilots — Pilots who are applying for or appealing a federal aviation administration (FAA) medical certificate, especially when the application involves mental or neurologic standards, may be entitled to continued pay after exhausting paid family and medical leave under state law.
- Employers of pilots — Airlines, flight schools, charter services, and other employers of pilots must continue paying pilots their normal hourly wage during the FAA medical certificate application or reconsideration process, after the pilot has used all available paid leave under state law.
- State agencies (Employment Security Department and Department of Labor and Industries) — The Employment Security Department and Department of Labor and Industries will need to interpret, administer, and potentially enforce the new pay requirements for pilots, including rulemaking and compliance oversight.
Pro/Con Analysis
Stronger case for benefits
Potential Benefits (3)
Pilots who are suspended pending FAA medical review—especially those with mental or neurologic conditions—will receive continued wage income after exhausting state-paid family and medical leave, preventing financial hardship and potential poverty during extended review periods that can last months or years.
FinancialPeopleRef: NEW SECTION. Sec. 3(1)The bill explicitly preserves pilots’ rights to sue for wrongful termination or seek injunctive relief if denied continued pay, reinforcing due process and legal recourse for a vulnerable subset of workers who may face discriminatory or retaliatory action when reporting mental health concerns to employers or the FAA.
Rights & LibertiesPeopleRef: NEW SECTION. Sec. 3(4)By explicitly including FAA medical certificate application/reconsideration for mental/neurologic standards in the definition of 'medical leave', the bill reduces stigma and ensures pilots can seek mental health treatment without fear of losing income during the certification process—potentially encouraging earlier intervention and safer skies.
HealthcarePeopleRef: RCW 50A.05.010(15)(b) as amended
Potential Concerns (3)
Employers of pilots (especially small operators and regional airlines) must continue paying pilots their full hourly wage during extended FAA medical review periods after exhausting paid leave, creating a direct labor cost without offsetting productivity—this applies even if the pilot is grounded indefinitely pending FAA decision, and there is no cap or time limit on this obligation.
Business & EmploymentPeopleRef: NEW SECTION. Sec. 3(1)While the bill affirms employers may terminate pilots who are physically unable to fly, it does not clarify whether termination based solely on *mental or neurological* conditions (e.g., depression, anxiety, PTSD, or cognitive impairment) constitutes “physical inability to perform duties”—creating legal ambiguity that may expose employers to wrongful termination claims if they terminate pilots for psychiatric reasons, even when safety-critical judgment is impaired.
Business & EmploymentPeopleRef: NEW SECTION. Sec. 3(3)The Department of Labor and Industries must develop and administer new rules and compliance mechanisms for this requirement, including determining what constitutes “exhaustion” of leave and how to verify FAA application status—adding administrative burden and potential enforcement costs to state agencies.
Local GovernmentRef: NEW SECTION. Sec. 3(5)
Who Is Most Affected
Pilots—especially those in regional airlines, corporate flight departments, or freelance flying—often lack employer-provided sick or disability coverage; this bill ensures income continuity during medically necessary grounding, reducing financial risk and encouraging transparency with employers about mental health issues.
Airlines and charter operators face direct wage-cost exposure during extended FAA review periods, especially if a pilot’s medical status remains unresolved for many months; however, large carriers with union contracts may already provide similar protections, while small operators (e.g., air taxi, flight schools) bear disproportionate cost relative to revenue.
The Employment Security Department and Department of Labor and Industries must develop guidance, process claims, and potentially adjudicate disputes over whether a pilot has exhausted leave or whether the FAA denial is 'final'—adding modest administrative work without new funding.
Mental health advocates may see this as a step toward reducing pilot stigma around reporting psychological conditions, since pilots can now seek care without immediate income loss—though critics may argue it could delay reporting if pilots hope to self-manage before applying.
Passengers benefit indirectly from improved safety—if pilots feel safe reporting mental health concerns without financial penalty, and if pilots with unaddressed conditions are more likely to seek care before grounding, overall aviation safety improves.